guardian | For all Raine's rigour, his discipline of "neurocriminology" still
remains tarnished, for some, by association with 19th-century
phrenology, the belief that criminal behaviour stemmed from defective
brain organisation as evidenced in the shape of the skull. The idea was
first proposed by the infamous Franz Joseph Gall, who claimed to have
identified over- or underdeveloped brain "organs" that gave rise to
specific character: the organ of destructiveness, of covetousness and so
on, which were recognisable to the phrenologist by bumps on the head.
Phrenology was widely influential in criminal law in both the United
States and Europe in the middle of the 1800s, and often used to support
crude racial and class-based stereotypes of criminal behaviour.
The
divisive thinking was developed further in 1876 by Cesare Lombroso, an
Italian surgeon, after he conducted a postmortem on a serial murderer
and rapist. Lombroso discovered a hollow part of the killer's brain,
where the cerebellum would be, from which he proposed that violent
criminals were throwbacks to less evolved human types, again
identifiable by ape-like physical characteristics. The political
manipulation of such hypotheses in the eugenics movement eventually saw
them wholly outlawed and discredited.
As one result, after the
second world war, crime became attributable to economic and political
factors, or psychological disturbances, but not to biology. Prompted by advances in genetics
and neuroscience, however, that consensus is increasingly fragile, and
the implications of those scientific advances for law – and for concepts
such as culpability and responsibility – are only now being tested.
Raine
is by no means alone in this argument, though his highly readable book
serves as an invaluable primer to both the science and the ethical
concerns. As the polymath David Eagleman,
director of neuroscience and law at Baylor College in Texas, recently
pointed out, knowledge in this area has advanced to the point where it
is perverse to be in denial. What are we to do, for example, Eagleman
asked, with the fact that "if you are a carrier of one particular set of
genes, the probability that you will commit a violent crime is four
times as high as it would be if you lacked those genes. You're three
times as likely to commit a robbery, five times as likely to commit
aggravated assault, eight times as likely to be arrested for murder and
13 times as likely to be arrested for a sexual offence. The overwhelming
majority of prisoners carry these genes; 98.1% of death row inmates do…
Can we honestly say that the carriers of those genes have exactly the
same range of choices in their behaviour as those who do not possess
them? And if they do not, should they be judged and punished by the same
standard?"
Raine's work is full of this kind of statistic and
this kind of question. (One of his more startling findings is the
extraordinarily high level of psychopathic markers among employees of a
temping agency he studied, which came as no surprise to him.
"Psychopaths can't settle, they need to move around, look for new
stimulation," he says.) He draws on a number of studies that show the
links between brain development, in particular – and brain injury and
impairment by extension – and criminal violence. Already legal defence
teams, particularly in the US, are using brain scans and neuroscience as
mitigating evidence in the trials of violent criminals and sex
offenders. In this sense, Raine believes a proper public debate on the
implications of his science is long overdue.
Raine was in part
drawn to his discipline by his own background. In the course of scanning
his murderers, Raine also examined his own PET profile and found,
somewhat to his alarm, that the structure of his brain seemed to share
more characteristics with the psychopathic murderers than with the
control group.
He laughs quickly when I ask how that discovery
felt. "When you have a brain scan that looks like a serial killer's it
does give you pause," he says. And there were other factors: he has
always had a markedly low heart rate (which his research has shown to be
a truer indicator of a capacity for violence than, say, smoking is as a
cause of lung cancer). He was plagued by cracked lips as a child,
evidence of riboflavin deficiency (another marker); he was born at home;
he was a blue baby, all factors in the kind of developmental
difficulties that might set his own researcher's alarm bells ringing.
"So,"
he says, "I was on the spectrum. And in fact I did have some issues. I
was taken to hospital aged five to have my stomach pumped because I had
drunk a lot of alcohol. From age nine to 11 I was pretty antisocial, in a
gang, smoking, letting car tyres down, setting fire to mailboxes, and
fighting a lot, even though I was quite small. But at that age I burnt
out of that somehow. At 11, I changed schools, got more interested in
studying and really became a different sort of kid. Still, when I was
graduating and thinking 'what shall I research?', I looked back on the
essays I'd written and one of the best was on the biology of
psychopaths; I was fascinated by that, partly, I think, because I had
always wondered about that early behaviour in myself."
As Raine
began to explore the subject more, he began to look at the reasons he
became a researcher of violent criminality, rather than a violent
criminal. (Recent studies suggest his biology might equally have
propelled him towards other careers – bomb disposal expert, corporate
executive or journalist – that tend to attract individuals with those
"psychopathic" traits.) Despite his unusual brain structure, he didn't
have the low IQ that is often apparent in killers, or any cognitive
dysfunction. Still, as he worked for four years interviewing people in
prison, a lot of the time he was thinking: what stopped me being on
their side of the bars?
Raine's biography, then, was a good
corrective to the seductive idea that our biology is our fate and that a
brain scan can tell us who we are. Fist tap Big Don.
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